What happened to the Tenth Amendment?

Sierra Times ^ | 01/23/03 | Robert Greenslade

[ConservativeLawyer]

Excellent article! I've been describing this very thing to my Business Law students for years. I'm going to make this article required reading.

This should be a wake-up call for the firearms community. If Congress wanted to ban or criminalize the possession of all firearms throughout the several States, it could simply adopt a statute that made it unlawful to possess a firearm that moved in, or affected, interstate commerce. The definition of interstate commerce is now so broad that such a law would affect every firearm and every firearm owner in the United States.

[Travis McGee]

The former Soviet Union had a very pretty constitution as well. And it meant whatever the politburo said it meant. Only today our politburo is the judiciary.

[justshutupandtakeit]

Aww, Alex, Jimmy and the Boys just too clever for the Rubes? Poor babies.

[A2J]

It died at Appomatox, in 1865.

Historical truth BUMP.

[LloydofDSS]

>>The Constitution was created by the elite to secure power over a rowdy illiterate mob. The system was specifically designed to preserve government power even against the wishes of the people. <<

If you have studied history in general. Mob rule is not pretty thing. Mobs generally just start bringing out everyone with a rich father or a good education and they start hanging them. Is that what you want?

Pure democracy would be pure hell.

The only reason the US has survived 230 years is because the constitution greatly limits the power of the people.

I personally would like to see an amendment that limits the size of the federal government. I would make the limit directly proportional to per capita after tax income (not the population).

I also would like someone to explain to me how the term "regulate" in the commerce clause allows Congress to "prohibit" anything? How can they misread this word so blatantly?

[Lawgvr1955]

What happened to the Tenth Amendment?

It died at Appomatox, in 1865.

Best analysis of this issue I have ever read. You should teach Constitutional Law.

[reed_inthe_wind]

The Federal Government was never abolished in my (goofy) idea.

[Chancellor Palpatine]

Miss them old days when you could keep them uppity blacks from votin', miscegenatin' or doin' bidness with white folks while hysterically screaming "STATES RIGHTS, STATES RIGHTS", eh?

[MosesKnows]

What happened to the Tenth Amendment? By Robert Greenslade

The Sixteenth and Seventeenth Amendments to the Constitution is what happened to all the Amendments. You may not see the connection at first but if you ponder it a bit it will become clearer. Clearer, not clear, perfect focus is not the immediate objective.

What happened is the corruption that results from granting the government the power to destroy the citizen. Couple that with making both houses of congress beholding to the citizen for votes and you can see the roots of the tyranny that is now upon the citizens.

Take notice of who directs the nation toward abandoning the Republic in favor of democracy. This is your enemy. You need look carefully; the agenda is unannounced.

Teddy Roosevelt’s comments on the Fall of the Republic.

"The Roman Republic fell, not because of the ambition of Caesar or Augustus, but because it had already long ceased to be in any real sense a republic at all. When the sturdy Roman plebeian, who lived by his own labor, who voted without reward according to his own convictions, and who with his fellows formed in war the terrible Roman legion, had been changed into an idle creature who craved nothing in life save the gratification of a thirst for vapid excitement, who was fed by the state, and who directly or indirectly sold his vote to the highest bidder, then the end of the Republic was at hand, and nothing could save it. The laws were the same as they had been, but the people behind the laws had changed, and so the laws counted for nothing."

[NeoCaveman]

What happened to the Tenth Amendment?

It's dead Jim.

[Maelstrom]

bump

[tahiti]

"Other than one mention in a concurring opinion in Griswold v. Connecticut, nobody can find the 9th cited anywhere in a SCOTUS opinion."

You are almost absolutely correct. I have done some research on the 9th amendment and found that it has been referenced several times, mostly in concurring or dissenting opinions by the SCOTUS up to and including Roe v. Wade.

After that point, it has been nonexistent.

With that being said, I am trying to revive it's relevance, significance, and application as our source of constitutionally protected liberty by referring to it on a whole range of subjects that have attacked our liberties.

For example, smoking tobacco products on private property (restaurants, bars, hotels, airplanes, etc.), mandatory seat belt laws, prohibition of consuming alcohol in automobiles, mandatory schooling of children, prohibition of using a cell phone in automobile, consumption of the chemical of your choice for medicinal and recreational purposes, mandatory helmet laws when riding a motorcycle, etc.

Will you join the crusade to educate our fellow citizens of the constitutional basis for true liberty?

[Ken H]

The Sixteenth and Seventeenth Amendments to the Constitution is what happened to all the Amendments.

I completely agree. (See post #80)

Teddy Roosevelt's comments on the Fall of the Republic.

Teddy Roosevelt was exactly right in those comments, although he was much better in word than deed when it came to preserving the Republic.

[AdamSelene235]

Pure democracy would be pure hell.

I'm not arguing for democracy.

[AdamSelene235]

Aww, Alex, Jimmy and the Boys just too clever for the Rubes? Poor babies.

In case you haven't noticed, there are too many intelligent people nowadays to buy off. We had better thank our lucky stars Al Queda has the IQ of turnip. The next guys might not be so dumb.

Tha boyz are losing control of the WMDS and the financial system. Individuals can and will wield both financial and military power comparable to that of nations. There is no weapon more dangerous than an active mind.

At the moment Americans remain docile because they fear losing their stuff. We are nauseous but lack the courage to vomit. Many fail to see that their stuff is merely a by-product of their rapidly eroding liberty. America will not be prosperous unless she is free and she will not peaceful unless she is prosperous.

[justshutupandtakeit]

Yeah, they are really dumb. They put a 100 billion dollar hole in our side without even spending 100 thousand. Though what any of that has to do with that piece of crap you threw in the room is beyond me.

And No I haven't noticed so many intelligent people nowadays. Quite a few who comport themselves as though they have superior intelligence, but don't really. You know the ones who believe they have all the answers about such arcane matters as the international monetary system, don't you? My favorites, though, are those who actually think they know better than the greatest geniuses ever to grace the Western Hemisphere, the Founding Fathers.

They are a real hoot.

[Axenolith]

Thats dumb, its a lot easier to just print the money.../sarcasm

[Axenolith]

The only route left open was total corruption of the fed, which could easily be corrected if the majority cared to do so.

Shortly, if not already, the majority will be ensconsed upon the nipple of said corrupted fed, and will be loath to disengage themselves from it to engage in the scary game of "life" conducted under the auspices of freedom...

[AdamSelene235]

Though what any of that has to do with that piece of crap you threw in the room is beyond me.

Any system of government will work as long as power and responsibility are in proportion. The Founding Lawyers created an insular system of nearly unlimited power. This system is now in the hands of the irresponsible.

My "piece of crap" was merely an observation of the likely result of stripping a people of their dignity and rubbing their noses in it.

And No I haven't noticed so many intelligent people nowadays. Quite a few who comport themselves as though they have superior intelligence,

Tell me about it.

"Since I appreciate the Best in all things I am an elitist" -justshutupandtakeit 4-17-03

who believe they have all the answers about such arcane matters as the international monetary system, don't you?

The illusion of control dies hard. I don't know the answer to this problem which is why I am highly critical of those who are granted special privileges for pretending they do know. You can't even articulate why you believe the problem is tractable.

My favorites, though, are those who actually think they know better than the greatest geniuses ever to grace the Western Hemisphere, the Founding Fathers.

Sorry, my backs getting a little stiff from prostrating myself before the elite.

If only we had more marksmen like Mr. Burr.

[justshutupandtakeit]

Of all the Founders generation Burr is perhaps the most worthless. Even the best of stock, such as the Burrs, can have the degenerate branch which makes a mock of the main truck. His was certainly one of poisonous stock. He left nothing of value to the United States from his political work, unlike the man he shot. His career was a mishmash of opportunism and principleless grasping for power. Noteworthy for his squandering of his high talents and gifts. Washington's disdain for him was entirely appropriate just as was his high regard for his greatest ally, Hamilton.

Hamilton's government has allowed us to face down the greatest anti-human movements the world has ever known because it was strong enough to defeat the Slaver revolt and keep the Union strong. Our survival as a Nation was highly unlikely (outside the realms of your fantasy) without that government and Hamilton's marvelous financial system.

Thank God for Alexander Hamilton, patriot beyond compare, genius rarely equalled.

Since you have exposed me for "appreciating the Best in all things...." may as well expose yourself for appreciating Less than the Best. Since that is the only alternative. I am sooo embarassed since I sooo carefully hide my opinions and status as an elitist. What a detective!!!

What is to articulate? The International Monetary System is working fine, certainly better than any of the past or those haunting the fevered dreams of the Theorists of No Renown. America has the strongest economy in the world and has been the greatest political success story of the Millenium thanks to the constitution of the United States. Since you don't like it you will just have to lump it, I guess.